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CONSTITUTION 


OF THE 


STATE OF MAINE, 

W 

FORMED IN 


_ y 

Convention at Portland, October Twenty-Ninth, 

AND ADOPTED BY THE 

People in Town Meetings, on the sixth of December, A. D. 1819, 

i 


AND OF THE 


INDEPENDENCE OF THE UNITED STATES THE FORTY-FOURTH, 

s 

TOGETHER WITH 


AMENDMENTS SUBSEQUENTLY MADE THEKETO, 


And arranged, as amended, in pursuance of a Resolve of the Legislature approved 
February Twenty-Fourth, A. D. 1875. 

1 



AUGUSTA: 

SPRAGUE, OWEN & NASH, PRINTERS TO THE STATE. 

1 8 7 6 . 









CONSTITUTION 


PREAMBLE. 

Objects of government. 


Sec. 1. 
2 . 
3. 


4. 

5. 

6 . 

7. 

8 . 
9. 

10 . 

11 . 

12 . 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20 . 
21 . 
22 . 

23. 

24. 


ARTICLE I. 

Natural rights. 

All power inherent in the people. 

Religious freedom. Proviso. All sects equal. Religious tests prohibited. 
Right to elect teachers. 

Freedom of speech and publication. Truth may be given in evidence. 
Unreasonable searches. 

Rights of persons accused. 

No person to answer to a capital or infamous crime but on indictment. 
Exceptions. Juries. 

Not to be put in jeopardy twice for the same offence. 

Sanguinary laws prohibited. 

Bailable offences. Habeas corpus. 

Bills of attainder, &c., prohibited. 

Treason. 

Suspension of laws. 

Corporal punishment under military law. 

Right of petition. 

To keep and bear arms. 

Standing armies not to be kept. 

No soldiers to be quartered on citizens in time of peace. 

Right of redress for injuries. 

Trial by jury. 

Private property not to be taken without just compensation. 

Taxes. 

Titles of nobility prohibited. Tenure of office limited. 

Other rights not impaired. 


ARTICLE II. 

Sec. 1. Qualifications of electors. Written ballot. Soldiers or seamen in U. S. service. 

Students at colleges and academies. Residence not lost by reason of ab¬ 
sence, <fcc. 

2. Electors exempt from arrest on days of eleotion. 

3. And from military duty. 



IV 


CONSTITUTION OF MAINE. 


Sec. 4. Time of election. Citizens who may be allowed to vote for governor, <fco. 

Polls, where shall be opened. Vote, how taken. Who shall act as super¬ 
visors. Supervisors shall be sworn. Their duties. Proviso. Certain offi¬ 
cers, where may vote. Supervisors shall prepare ballot boxes. Ballots be 
prepared. Qualification of voters. Supervisors shall keep correct poll lists. 
And shall check names of voters. And shall sort, count and declare votes. 
And shall make return to secretary of state’s office. 

ARTICLE III. 

Sec. 1. Powers distributed. 

2. To be kept separate. 

ARTICLE IV.— Part First. 

Sec. 1. Legislative department. Style of acts. 

2. Number of representatives fixed at 151. 

3. Apportionment among towns. 

4. Qualifications of a representative. 

6. Meetings for choice of representatives. Meetings of classed towns. Lists of 
votes shall be examined by governor and council. And they shall summon 
persons who appear to be elected. Lists to be laid before the house of repre¬ 
sentatives. Manner of electing representatives and other civil officers in 
cities. 

6. Vacancies to be filled. 

7. House to choose its own officers. 

8. Power of impeachment. 

ARTICLE IV.— Part Second. 

Sec. 1. Senate to consist of not less than 20, nor more than 31. 

2. State to be districted once in ten years. Districts, how formed. 

3. Meetings for choice of senators. Electors in unincorporated places. 

4. Votes to be examined by the governor and council. 

5. Senate to decide as to the election of its members. 

6. Qualifications of senators. 

7. Senate to try impeachment. Limitation of judgment. Party liable to be tried 

and punished. 

8. Senate to choose its officers. 

ARTICLE IV.— Part Third. 

Sec. 1. Legislature to meet annually. Its powers. 

2. Acts to be signed by the governor. Proceedings in case he disapprove. Bills 

to be returned by him in five days. 

3. Each house to judge of elections. Majority a quorum. 

4. May punish and expel members. 

5. To keep a journal. Yeas and nays. 

6. May punish for contempt. Proviso. 

7. Compensation of members. Traveling expenses. 

8. Members exempt from arrest. Freedom of debate. 

9. Either house may originate bills. Revenue bills. Proviso. 

10. Members not to be appointed to certain offices. Proviso. 


CONSTITUTION OF MAINE. v 

Sec. 11. Persons disqualified to be members. 

12. Adjournments. 

13. Special legislation. 

14. Corporations, except for municipal purposes, to be formed under general 

laws, &e. 

15. Constitutional conventions. 


Sec. 1. 
2 . 

3. 

4. 

5. 

6 . 

7. 

8 . 
9. 

10 . 

11 . 

12 . 

13. 

14. 


ARTICLE V.— Part First. 

Governor. 

Elected for one year. 

Meetings for choice of governor. Votes to be returned to secretary of state. 

Provision in case there is no choice. 

Qualifications of governor. 

Disqualifications. 

Compensation. 

Commander-in-chief of the militia. Not to march the militia out of the state. 
With advice of the council to appoint officers. 

To give information and recommend measures. 

May require information of any officer. 

Power of governor to pardon and remit penalties. 

To enforce the laws. 

To convene the legislature on extraordinary occasions, and adjourn it in case 
of disagreement. May change the day of meeting 
Vacancy, how supplied. 


ARTICLE V.— Part Second. 

Sec. 1. Council to consist of seven. 

2. Councillors, how chosen. Privileged from arrest. 

3. Journal to be kept of their proceedings. 

4. Persons disqualified to be councillors. Not to be appointed to any office. 

ARTICLE V.— Part Third. 

Sec. 1. Secretary, how chosen. 

2. To keep the records of the state. May appoint deputies. 

3. To attend the governor and council. 

4. To preserve the records of the executive and legislative departments. 

ARTICLE V.— Part Fourth. 

Sec. 1. Treasurer, how chosen. Eligible for five years successively only. 

2. To give bonds. 

3. Not to engage in trade. 

4. No money to be drawn but by warrant. Accounts of receipts and expenditures 

to be published. 

ARTICLE VI. 

Sec. 1. Supreme and other courts. 

2. Compensation of justices of S. J. Court. 

3. To give their opiDion when required by either branch of the government. 

4. Teuure of judicial offices. 


VI 


CONSTITUTION OF MAINE. 


Sec. 5. Justices of the peace, and notaries public. 

6. Justices of the supreme judicial court to hold no other office. 

7. Judges and registers of probate, elected and tenure of office. Vacancies, how 

filled. 

8. Judges of municipal and police courts, appointment of. 

ARTICLE VII. 

Sec. 1. Military officers, by whom elected. 

2. Manner of conducting elections. 

3. Major generals and adjutant generals, how elected. Staff officers, how ap- 
, pointed. 

4. Organization of the militia. 

5. tVho may be exempted from military duty. 

ARTICLE VIII. 

Sec. 1. Legislature to require towns to support public schools. Shall endow colleges 
and academies. Proviso. 

ARTICLE IX. 

Oath and subscriptions. Before whom to be taken. Proviso. 

Offices that are incompatible with each other. 

Commissions. 

Elections on the first Wednesday of January may be adjourned from day to day. 
Every civil officer may be removed by impeachment, or address. 

Tenure of office. 

Valuation. 

Real and personal estate to be taxed according to its value. 

Taxation. 

Sheriffs, how elected, and tenure of office. 

Attorney general, how elected. Vacancy, how filled. 

Citizens who may be allowed to vote for county officers. 

Bribery at elections. 

Credit of state not to be loaned. Creation of state debt limited. Exceptions. 
State to issue bonds in payment of municipal war debt. Basis of payment. 
Commission to be appointed to determine amount due cities, <fcc. $3,500,000 
limit of loan. 

Towns having 4,000 inhabitants, and towns including islands, may be formed 
into voting districts. 

ARTICLE X. 

Sec. 1. Laws now in force, continue until repealed. 

2. Constitution, how to be amended. 

3. Constitution shall be arranged by chief justice of S. J. Court. Shall be sub¬ 

mitted to the Legislature. Constitution shall be enrolled on parchment, 
and printed copies bound with laws. Shall be the supreme law of the state. 

4. Sections 1, 2, 5, article X, omitted. Section 5 shall remain in force. 


Sec. 1. 
2 . 

3. 

4. 

5. 

6 . 

7. 

8 . 
9. 

10 . 

11 . 

12 . 

13. 

14. 

15. 


16. 





CONSTITUTION 


OF THE 

STATE OF MAINE, 

Arranged, as Amended. 


1876. 








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: 


























CONSTITUTION OF MAINE. 


PREAMBLE. 

We, the people of Maine, in order to establish jus- objects of gor- 
tice, insure tranquility, provide for our mutual defence, ernment ' 
promote our common welfare, and secure to ourselves and our 
posterity the blessings of liberty, acknowledging with grateful 
hearts the goodness of the Sovereign Ruler of the Universe in 
affording us an opportunity, so favorable to the design ; and, im¬ 
ploring his aid and direction in its accomplishment, do agree to 
form ourselves into a free and independent State, by the style and 
title of the State of Maine, and do ordain and establish the follow¬ 
ing Constitution for the government of the same. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1 . All men are born equally free and inde- Natural rights, 
pendent, and have certain natural, inherent and unalienable 
rights, among which are those of enjoying and defending life and 
liberty, acquiring, possessing and protecting property, and of 
pursuing and obtaining safety and happiness. 

Sec. 2. All power is inherent in the people; all ah power inhe- 
free governments are founded in their authority and people. the 
instituted for their benefit; they have therefore an unalienable 
and indefeasible right to institute government, and to alter, 
reform, or totally change the same, when their safety and happi¬ 
ness require it. 

Sec. 3. All men have a natural and unalienable Religious free- 
right to worship Almighty God according to the die- dom ' 
tates of their own consciences, and no one shall be hurt, molested 
or restrained in his person, liberty or estate for worshipping God 
in the manner and season most agreeable to the dictates of his 
own conscience, nor for his religious professions or sentiments, 



4 


CONSTITUTION OF MAINE. 


Proviso. provided he does not disturb the public peace, nor 
obstruct others in their religious worship ;—and all persons de¬ 
meaning themselves peaceably, as good members of the State, 
aii religious shall be equally under the protection of the laws, and 

sects equal. n0 subordination nor preference of any one sect or 

denomination to another shall ever be established by law, nor shall 
Religious tests any religious test be required as a qualification for 

prohibited. any 0 fg ce or trust, under this State ; and all religious 

societies in this State, whether incorporate or unincorporate, shall 
Right to elect at all times have the exclusive right of electing their 

public teachers, and contracting with them for their 
support and maintenance. 

Freedom of Sec. 4. Every citizen may freely speak, write and 

speech and pub- . .... 

lication. publish his sentiments on any subject, being responsi¬ 

ble for the abuse of this liberty; no laws shall be passed regulat¬ 
ing or restraining the freedom of the press; and in prosecutions 
for any publication respecting the official conduct of men in pub 
lie capacity, or the qualifications of those who are candidates for 
the suffrages of the people, or where the matter published is 
Truth may be proper for public information, the truth thereof may be 

given in evi- ... . . . 

dence. given in evidence, and in all indictments for libels, 

the Jury, after having received the direction of the Court, shall 
have a right to determine, at their discretion, the law and the fact, 
unreasonable Sec. 5. The people shall be secure in their persons, 
houses, papers and possessions from all unreasonable 
searches and seizures; and no warrant to search any place, or 
seize any person or thing, shall issue without a special designa¬ 
tion of the place to be searched, and the person or thing to be 
seized, nor without probable cause—supported by oath or affir¬ 
mation. 


Rights of persons Sec. 6. In . all criminal prosecutions, the accused 

shall have a right to be heard by himself and his coun¬ 
sel, or either, at his election ; 

To demand the nature and cause of the accusation, and have a 
copy thereof; 

To be confronted by the witnesses against him ; 

To have compulsory process for obtaining witnesses in his 
favor ; 

To have a speedy, public and impartial trial, and, except in 
trials by martial law or impeachment, by a jury of the vicinity. 
He shall not be compelled to furnish or give evidence against 


CONSTITUTION OF MAINE. 5 

himself, nor be deprived of his life, liberty, property or privileges, 
but by judgment of his peers, cy* by the law of the land. 

Sec. 7. No person shall be held to answer for aNopersonsto 
capital or infamous crime, unless on a presentment or tai or infamous 
indictment of a grand jury, except in cases of im- dictment! ° u m 
peachment, or in such cases of offences as are usually Exceptions. * 
cognizable by a justice of the peace, or in cases arising in the 
army or navy, or in the militia when in actual service in time of 
war or public danger. The Legislature shall provide by law a 
suitable and impartial mode of selecting juries and Juries, 
their usual number and unanimity, in indictments and convictions, 
shall be held indispensable. 

Sec. 8. No person, for the same offence, shall be Not to be put in 
twice put in jeopardy of life or limb. for same offence. 

Sec. 9. Sanguinary laws shall not be passed ; all sanguinary laws 
penalties and punishments shall be proportioned to the prohlblted - 
offence; excessive bail shall not be required, nor excessive fines 
imposed', nor cruel nor unusual punishments inflicted. 

Sec. 10. No person before conviction shall be Bailable offence# 
bailable for any of the crimes, which now are, or have been denom¬ 
inated capital offences since the adoption of the Con- Resolve Mar. so, 
stitution, where the proof is evident or the presumption Amendment, 
great, whatever the punishment of the crimes may be. art ' n * 

And the privilege of the writ of habeas corpus shall Habeas corpus, 
not be suspended, unless when in cases of rebellion or invasion 
the public safety may require it. 

Sec. 11. The Legislature shall pass no bill of attain- Bins of attain¬ 
der, ex post facto law, nor law impairing the obligation i!ed. &C ’’ prohlb ' 
of contracts, and no attainder shall work corruption of blood nor 
forfeiture of estate. 

Sec. 12. Treason against this State shall consist Treason, 
only in levying war against it, adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
confession in open court. 

Sec. 13. The laws shall not be suspended but by Suspension of 
the Legislature or its authority. 

Sec. 14. No person shall be subject to corporal Corporal punish- 
punishment under military law, except such as are ta^iaw?** mih ' 
employed in the army or navy, or in the militia when in actual 
service in time of war or p'ublic danger. 


6 


CONSTITUTION OF MAINE. 


Eight of petition. Sec. 15. The people have a right at all times in an 
orderly and peaceable manner to* assemble to consult upon the 
common good, to give instructions to their representatives, and 
to request, of either department of the government by petition or 
remonstrance, redress of their wrongs and grievances. 

—to keep and Sec. 16. Every citizen has a right to keep and bear 

arms for the common defence; and this right shall 
never be questioned. 

standing armies Sec. 17. No standing army shall be kept up in 
not to be kept. ^ me 0 f p eace without the consent of the Legislature, 
and the military shall, in all cases, and at all times, be in strict 
subordination to the civil power. 

No soldier to be Sec. 18. No .soldier shall, in time of peace, be 
citizens in time quartered in any house without the consent of the 
of peace. owner or occupant, nor in time of war, but in a manner 
to be prescribed by law. 

Eight of redress Sec. 19. Every person, for an injury done him in 
for injuries. ^. g p erg0D ^ reputation, property or immunities, shall 

have remedy by due course of law ; and right and justice shall be 
administered freely and without sale, completely and without 
denial, promptly and without dglay. 

Trial by jury. Sec. 20. In all civil suits, and in all controversies 
concerning property, the parties shall have a right to a trial by 
jury, except in cases where it has heretofore been otherwise 
practised; the party claiming the right may be heard by himself 
and his counsel, or either, at his election. 

Sec. 21. Private property shall not be taken for 
not V to e be'Taken public uses without just compensation ; nor unless the 
compensation, public exigencies require it. 

Taxes. Sec. 22. No tax or duty shall be imposed without 

the consent of the people or of their representatives in the Legis¬ 
lature. 

Titles of nobility Sec. 23. No title of nobility or hereditary dis¬ 
tinction, privilege, honor or emolument, shall ever be 
limited. granted or confirmed, nor shall any office be created, 

the appointment to which shall be for a longer time than during 
good behavior. 

other rights not Sec. 24. The enumeration of certain rights shall 
not impair nor deny others retained by the people. 


CONSTITUTION OF MAINE. 


T 


ARTICLE II. 

ELECTORS. 

Sec. 1. Every male citizen of the United States of Qualification of 
the age of twenty one years and upwards, excepting electors ‘ 
paupers, persons under guardianship, and Indians not taxed, 
having his residence established in this State for the term of three 
months next preceding any election, shall be an elector for 
Governor, Senators and Representatives, in the town or plantation 
where his residence is so established ; and the elections written ballot, 
shall be by written ballot. But persons in the military, men in U. S. 
naval or marine service of the United States, or this service ‘ 

State, shall not be considered as having obtained such established 
residence by being stationed in any garrison, barrack, or military 
place, in any town or plantation ; nor shall the residence of a 
student at any seminary of learning entitle him to the students at coi- 
right of suffrage in the town or plantation where such J^ e e3dnd acade ' 
seminary is established. No person, however, shall ResoweMar. 24, 
be deemed to have lost his residence by reason of his Amendment, 
absence from the State in the military service of the art ' x ‘ 

United States, or of this State. 

Sec. 2. Electors shall, in all cases, except treason, Electors exempt 

. from arrest on 

felony or breach of the peace, be privileged from days of election, 
arrest on the days of election, during their attendance at, going 
to, and returning therefrom. 

Sec. 3. No elector shall be obliged to do duty in —exempt from 
the militia on any day of election, except in time of milltary duty ‘ 
war or public danger. 

Sec. 4. The election of Governor, Senators and Time of election. 
Representatives shall be on the second Monday of September 
annually forever. But citizens of the State absent therefrom in 
the militay service of the United States or of this State, and 
notin the regular army of the United States, being Citizens who 
otherwise qualified electors, shall be allowed to vote tT'Jote 6 for g^v- 
on Tuesday next after the first Monday of November, einor ’ c# 
in the year of our Lord one thousand eight hundred and sixty-four, 
for governor and senators, and their votes shall be counted and 
allowed in the same manner, and with the same effect, as if given 
on the second Monday of September in that year. And they shall 
be allowed to vote for governor, senators and representatives on 
the second Monday of September annually thereafter forever, in 


8 


CONSTITUTION OF MAINE. 


Polls, where the manner herein provided. On the day of election a 
shall be opened. p() jj be opened at every place without this State 

where a regiment, battalion, battery, company, or detachment of 
Amendment, no t i egg than twenty soldiers from the State of Maine, 

art. x. ^ ••#»•■» 

Resolve Mar. 24, may be found or stationed, and every citizen of said 

State of the age of twenty-one years, in such military 
service, shall be entitled to vote as aforesaid; and he shall be 
considered as voting in the city, town, plantation and county in 
this State where he resided when he entered the service. The 
vote, how taken, vote shall be taken by regiments when it can con¬ 
veniently be done; when not so convenient, any detachment or 
part of a regiment, not less than twenty in number, and any 
battery or part thereof numbering twenty or more, shall be 
entitled to vote wherever they may be. The three ranking officers 
of such regiment, battalion, battery, company, or part of either, 
who shall act as as the case may be, acting as .such on the day of 
supervisois. election, shall be supervisors of elections. If no 
officers, then three non-commissioned officers according to their 
seniority shall be such supervisors. If any officer or non¬ 
commissioned officer shall neglect or refuse to act, the next in 
rank shall take his place. In case there are no officers or non¬ 
commissioned officers present, or if they or either of them refuse 
to act, the electors present, not less than twenty, may choose, by 
written ballot enough of their own number, not exceeding three, 
to fill the vacancies, and the persons so chosen shall be super- 
Supervisors shall visors of elections. All supervisors shall be first sworn 

to support the constitution of the United States and of 
this State, and faithfully and impartially to perform the duties of 
—duties of. superviors of elections. Each is authorized to ad¬ 

minister the necessary oath to the others ; and certificates thereof 
shall be annexed to the lists of votes by them to be made and 
returned into the office of the secretary of State of this State as 
hereinafter provided. The polls shall be opened and closed at 
such hours as the supervisors, or a majority of them, shall direct; 
Proviso. provided however , that due notice and sufficient time 

shall be given for all voters in the regiment, battalion, battery, 
detachment, company, or part of either, as the case may be, to 
certain officers, vote. Regimental and field officers shall be entitled to 

w h ere may vote 

vote with their respective commands. When not in 
actual command, such officers, and also all general and staff 
officers, and all surgeons, assistant surgeons, and chaplains, shall. 


CONSTITUTION OF MAINE. 


9 


be entitled to vote at any place where polls are opened. The 
supervisors of elections shall prepare a ballot box or Supervisors shall 
other suitable receptacle for the ballots. Upon one E reballot 
side of every ballot shall be printed or written the Ballots be pre¬ 
name of the county, and also of the city, town or paretL 
plantation of this State, in which is the residence of the person 
proposing to vote. Upon the other side shall be the name or 
names of the persons to be voted for, and the office or offices 
which he or they are intended to fill. And before Qualification of 
receiving any vote, the supervisors, or a majority of vottfrs ' 
them, must be satisfied of the age and citizenship of the person 
claiming to vote, and that he has in fact a residence in the oounty, 
city, town or plantation which is printed or written on the vote 
offered by him. If his right to vote is challenged, they may 
require him to make true answers, upon oath, to all interrogatories 
touching his age, citizenship, residence, and right to vote, and 
shall hear any other evidence offered by him, or by those who 
challenge his right. They shall keep correct poll-lists shall keep cor- 
of the names of all persons allowed to vote, and of rectpollll8t8 ' 
their respective places of residence in this State, and also the 
number of the regiment and company or battery to which they 
belong; which lists shall be certified by them, or by a majority of 
them, to be correct, and that such residence is in accordance with 
the indorsement of the residence of each voter on his vote. They 
shall check the name of every person before he .is shall check 
allowed to vote, and the check-mark shall be plainly names ofvoter »- 
made against his name on the poll-lists. They shall sort, count 
and publicly declare the votes at the head of their —sort, count 
respective commands on the day of election, unless vofe^ eclare 
prevented by the public enemy, and in that case as soon thereafter 
as may be; and on the same day of said declaration they shall 
form a list of the persons voted for, with the number of votes for 
each person against his name, and the office which he was 
intended to fill, and shall sign and seal up such list and cause the 
same, together with the poll-lists aforesaid, to be de- — makere- 
livered into the office of the secretary of State afore- 0 f secretary of 
said, on or before the first day December, in the year 8tatu 
one thousand eight hundred and sixty-four, and on or before the 
fifteenth day of November annually thereafter forever. The legis¬ 
lature of this State may pass any law additional to the Adopted by ite- 

.. . „ . . „ solve March.24, 

foregoing provisions, if any shall, in practice, be found 1864. 

2 


10 


CONSTITUTION OF MAINE. 


necessary in order more fully to carry into effect the purpose 
thereof. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Powers distrib- Sec. 1. The powers of this government shall be 
divided into three distinct departments, the Legislative, 
Executive and Judicial. 

To be kept Sec. 2 . No person or persons, belonging to one of 

See art. 9, sec. 2. these departments, shall exercise any of the powers 
properly belonging to either of the others, except in the cases 
herein expressly directed or permitted. 

ARTICLE IV .— Part First. 


LEGISLATIVE POWER-HOUSE OF REPRESENTATIVES. 


Legislative de- Sec. 1 . The legislative power shall be vested in 
two distinct branches, a House of Representatives, and 
a Senate, each to have a negative on the other, and both to be 
style of acts. styled the Legislature of Maine, and the style of their 
acts and laws, shall be, “Be it enacted by the Senate and House of 
Representatives in Legislature assembled 

Number of rep. Sec. 2. The House of Representatives shall consist 

resentatives 

fixed at i5i. of one hundred and fifty-one members, to be elected 
by the qualified electors, for one year from the day next preced¬ 
ing the annual meeting of the Legislature. The Legislature, which 
shall first be convened under this Constitution, shall, on or before 
the fifteenth day of August, in the year of our Lord, one thousand 
eight hundred and twenty-one, and the Legislature, within every 
subsequent period of at most ten years, and at least five, cause the 
number of the inhabitants of the State to be ascertained, exclusive 
of foreigners not naturalized and Indians not taxed. The num- 
art 3 e iv dmeil t’ ber of representatives shall, at the several periods of 
Resolve Apr. 16, making such enumeration, be fixed and apportioned 
among the several counties as near as may be, accord¬ 
ing to the number of inhabitants, having regard to the relative 
increase of population. The number of representatives shall, on 
said first apportionment, be not less than one hundred nor more 
than one hundred and fifty. 

Apportionment Sec. 3. Each town having fifteen hundred inhabi- 
amon a owns. ^ants ma y e i ec ^ one representative ; each town having 
three thousand seven hundred and fifty may elect two ; each 


11 


CONSTITUTION OF MAINE. 

town having six thousand seven hundred and fifty may elect 
three; each town having ten thousand five hundred may elect 
four; each town having fifteen thousand may elect five; each 
town having twenty thousand two hundred and fifty may elect 
six; each town having twenty-six thousand two hundred and 
fifty may elect seven; but no town shall ever be entitled 
to more than seven representatives ; and towns and plantations 
duly organized, not having fifteen hundred inhabitants, shall be 
classed, as conveniently as may be, into districts containing that 
number, and so as not to divide towns; and each such district 
may elect one representative ; and, when on this apportionment 
the number of representatives shall be two hundred, a different 
apportionment shall take place upon the above principle ; and, in 
case the fifteen hundred shall be too large or too small to appor¬ 
tion all the representatives to any county, it shall be so increased 
or diminished as to give the number of representatives according 
to the above rule and proportion ; and whenever any town or 
towns, plantation or plantations not entitled to elect a repre¬ 
sentative shall determine against a classification with any other 
town or plantation, the Legislature may, at each apportionment of 
representatives, on the application of such town or plantation, 
authorize it to elect a representative for such portion of time and 
such periods, as shall be equal to its portion of representation; 
and the right of representation, so established, shall not be altered 
until the next general apportionment. 

Sec. 4. No person shall be a member of the House Qualifications of 
of Representatives, unless he shall, at the commence- a rei,resentative - 
ment of the period for which he is elected, have been five years a 
citizen of the United States, have arrived at the age of twenty- 
one years, have been a resident in this State one year, see amendment, 
or from the adoption of this constitution ; and for the art ' x ' 
three months next preceding the time of his election shall have 
been, and, during the period for which he is elected, shall con¬ 
tinue to be a resident in the town or district which he represents. 

Sec. 5. The meetings within this State for the Meetings for 

choice of reprc- 

choice of representatives shall be warned in due course sentatives. 
of law by the selectmen of the several towns seven days at least 
before the election, and the selectmen thereof shall See amendment, 
preside impartially at such meetings, receive the votes Resolve Mar. 24* 
of all the qualified electors present, sort, count and de¬ 
clare them in open town meeting, and in the presence of the town 


12 


CONSTITUTION OF MAINE. 


clerk, who shall form a list of the persons voted for, with the number 
of votes for each person against his name, shall make a fair record 
thereof in the presence of the selectmen and in open town 
Meetings of meeting. And the towns and plantations organized 
classed towns. ^ | aw ^ belonging to any class herein provided, shall 

hold their meetings at the same time in the respective towns and 
plantations ; and the town and plantation meetings in such towns 
and plantations shall be notified, held and regulated, the votes 
received, sorted, counted and declared in the same manner. And 
the assessors and clerks of plantations shall have all the powers, 
and be subject to all the duties, which selectmen and town clerks 
have, and are subject to by this Constitution. And fair copies of 
the lists of votes shall be attested by the selectmen and town 
clerks of towns, and the assessors of plantations, and sealed up in 
open town and plantation meetings; and the town and plantation 
clerks respectively shall cause the same to be delivered into the 
secretary’s office thirty days at least before the first Wednesday 
Lists shall be of January annually. And the governor and council 
governor and ie shall examine the returned copies of such lists, and 
also all lists of votes of citizens in the military service, 
returned to the secretary’s office, as provided in article second, 
section four, of this constitution ; and twenty days before the said 
co^cii shaUsum- Wednesday of January annually, shall issue a sum¬ 
mon persons who m0 ns to such persons as shall appear to be elected by a 

appear to be 1 ‘ 1 J 

elected. plurality of all the votes returned, to attend and take 

Lists to be laid their seats. But all such lists shall be laid before the 
of representatives the house of representatives on the first Wednesday 
of January annually, and they shall finally determine who are 
elected. The electors resident in any city may, at any meeting duly 
notified for the choice of representatives, vote for such representa¬ 
tives in their respective ward meetings, and the wardens in said wards 
Manner of elect- shall preside impartially at such meetings, receive the 
uvesaliTotiler votes of all qualified electors present, sort, count and 
cities. declare them in open ward meetings, and in the pres¬ 

ence of the ward clerk, who shall form a list of the persons voted 
Amendment, for, with the number of votes for each person against 
Res. Mar. 7 ; ’34. his name, shall make a fair record thereof in the 
presence of the warden, and in open ward meetings; and a fair 
copy of this list shall be attested by the warden and ward clerk, 
sealed up in open ward meeting, 4ind delivered to the city clerk 
within twenty-four hours after the close of the polls. And the 


CONSTITUTION OF MAINE. 


13 


electors resident in any city may at any meetings duly g»oi*eMar. 7, 
notified and holden for the choice of any other civil See amendment, 

^ art. x; amending 

officers for whom they have been required heretofore amendment art.i. 
to vote in town meeting, vote for such officers in their ^ g e 6 s ° lve Mar - 24 * 
respective wards, and the same proceedings shall be had by the 
warden and ward clerk in each ward, as in the case of votes for rep¬ 
resentatives. And the aldermen of any city shall be in session 
within twenty-four hours after the close of the polls in such 
meetings, and in the presence of the city clerk shall open, ex¬ 
amine and compare the copies from the lists of votes given in the 
several wards, of which the city clerk shall make a record, and 
return thereof shall be made into the Secretary of State's office in 
the same manner as selectmen of towns are required to do. 

Sec. 6 . Whenever the seat of a member shall be 
' vacated by death, resignation, or otherwise, the vacancy 
may be filled by a new election. 

Sec. 7. The House of Representatives shall choose 
their speaker, clerk and other officers. 

Sec. 8. The House of Representatives shall have 
the sole power of impeachment. 

ARTICLE IV .— Part Second. 

SENATE. 

Sec. 1. The Senate shall consist of not less than 
twenty, nor more than thirty-one members, elected at 
the same time, and for the same term, as the representatives, by 
the qualified electors of the districts into which the State shall 
from time to time be divided. 

Sec. 2. The Legislature, which shall be first convened under 
this Constitution, shall, on or before the fifteenth day state to be dis- 

tricted once in 

of August in the year of our Lord, one thousand eight ten years, 
hundred and twenty-one, and the Legislature at every subsequent 
period of ten years, cause the State to be divided into districts 
for the choice of senators. The districts shall conform, Districts, how to 
as near as may be, to county lines, and be apportioned m 
according to the number of inhabitants. The number of senators 
shall not exceed twenty at the first apportionment, and shall at 
each apportionment be increased, until they shall amount to 
thirty-one, according to the increase in the House of Repre¬ 
sentatives. 


Vacancies to be 
filled. 


House to choose 
its own officers. 


Power of im¬ 
peachment. 


Senate to consist 
of not less than 20 
nor more than 31. 


14 


CONSTITUTION OF MAINE. 


Meetings for Sec. 3. The meetings within this state for the election 
tors. of senators shall be notified, held and regulated, and the 

votes received, sorted, counted, declared and recorded, in the same 
Amendment, manner as those for representatives. And fair copies 
Resolve Mar. 24, of the list of votes shall be attested by the selectmen 
and town clerks of towns, and the assessors and clerks 
of plantations, and sealed up in open town and plantation meetings ; 
and the town and plantation clerks respectively shall cause the 
same to be delivered into the secretary’s office thirty days at 
least before the first Wednesday of January. All other qualified 
Electors in unin- electors, living in places unincorporated, who shall be 
piaces. ated assessed to the support of the government by the 
assessors of an adjacent town, shall have the privilege of voting 
for senators, representatives and governor in such town ; and 
shall be notified by the selectmen thereof for that purpose 
accordingly. 


votes to be ex- Sec. 4 . The Governor and Council shall, as soon 

ammed by the 

governor and as may be, examine the returned copies of such lists, 
Amendment, and also the lists of votes of citizens in the military 

art. x. Resolve . , , „ , 

of March 24, service, returned into the secretary's office, and twenty 
by Resolve of days before the said first Wednesday of January, issue 

Feb. 24,1875. ' , , lt , 

a summons to such persons, as shall appear to be 
elected by a plurality of the votes for each district, to attend that 
day and take their seats. 

Senate to decide Sec. 5. The Senate shall, on the said first 

as to the election 

of its members. Wednesday of January, annually, determine who 
are elected by a plurality of votes to be senators in each dis¬ 
trict; and in case the full number of senators to be elected from 
each district shall not have been so elected, the members of 


Amended in the house of representatives and such senators, as shall 
Resolve Feb. 24, have been elected, shall, from the highest numbers 
of the persons voted for, on said lists, equal to twice 
the number of senators deficient, in every district, if there be so 
many voted for, elect by joint ballot the number of senators re¬ 
quired ; and in this manner all vacancies in the Senate shall be 
supplied as soon as may be, after such vacancies happen. 

Qualifications of Sec. 6 . The senators shall be twenty-five years of 
age at the commencement of the term, for which they 
are elected, and in all other respects their qualifications shall be 
the same, as those of the representatives. 


CONSTITUTION OF MAINE. 


15 


Sec. T. The Senate shall have the sole power to senate to try 
try all impeachments, and when sitting for that pur- im P eachment - 
pose shall be on oath o.r affirmation, and no person shall be con¬ 
victed without the concurrence of two-thirds of the member^ 
present. Their judgment, however, shall not extend Limitation of 
farther than to removal from office, and disqualification Judgment - 
to hold or enjoy any office of honor, trust or profit under this 
State. But the party, whether convicted or acquitted, Party liable to 

. . , . be tried and 

shall nevertheless be liable to indictment, trial, judg- punished, 
ment and punishment according to law. 

Sect. 8 . The Senate shall choose their president, senate to choose 
secretary and other officers. 


ARTICLE IV .—Part Third. 

LEGISLATIVE POWER. 

Sec. 1. The Legislature shall convene on the first Legislature to 

° meet annually. 

Wednesday of January, annually, and shall have full —its powers, 
power to make and establish all reasonable laws and regulations 
for the defence and benefit of the people of this State, not repug¬ 
nant to this Constitution, nor to that of the United States. 

Sec. 2 . Every bill or resolution having the force Acts to be 

° signed by the 

of law, to which the concurrence of both houses may governor, 
be necessary, except on a question of adjournment, which shall 
have passed both houses, shall be presented to the Governor, and 
if he approve, he shall sign it; if not, he shall return it with 
his objections to the house, in which it shall have originated, 
which shall enter the objections at large on its journals, and pro¬ 
ceed to reconsider it. If after such reconsideration, Proceedings in 

. . . . casehedisap- 

two-thirds of that house shall agree to pass it, it .shall prove, 
be sent together with the Objections, to the other house, by which 
it shall be reconsidered, and, if approved l?y two-thirds of that 
house, it shall have the same effect, as if it had been signed by the 
Governor; but in all such cases, the votes of both houses shall be 
taken by yeas and nays, and the names of the persons, voting for 
and against the bill or resolution, shall be entered on the journals 
of both houses respectively. If the bill or resolution buis to be re- 

1 . turned by him in 

shall not be returned by the Governor within five days, five days. 

( Sundays excepted ) after it shall have been presented to him, it 
shall have the same force and effect, as if he had signed it, unless 
the Legislature, by their adjournment prevent its return, in which 


16 


CONSTITUTION OF MAINE. 


case it shall have such force and effect, unless returned within 
three days after their next meeting. 

Each house to Sec. 3 . Each house shall be the judge of the 

judge of election. e ] ect j ong anc j qualifications of its own members, and a 

quorum^ a majority shall constitute a quorum to do business ; but 
a smaller number may adjourn from day to day, and may compel 
the attendance of absent members, in such manner, and under such 
penalties as each house shall provide. 

May punish and Sec. 4. Each house may determine the rules of its 
expel membeis. p rocee( ji n g g ^ p Un ish its members for disorderly be¬ 
havior, and, with the concurrence of two-thirds, expel a member, 
but not a second time for the same cause. 

To keep a journal. Sec. 5. Each house shall keep a journal, and from 
time to time publish its proceedings, except such parts as in their 
Yeas and nays, judgment may require secrecy ; and the yeas and nays 
of the members of either house on any question, shall, at the 
desire of one-fifth of those present, be entered on the journals. 

May punish for Sec. 6. Each house, during its session, may pun- 
ish by imprisonment any person, not a member, for 
disrespectful or disorderly behavior in its presence, for obstructing 
any of its proceedings, threatening, assaulting or abusing any of 
its members for anything said, done, or doing in either house; 
Proviso. provided, that no imprisonment shall extend beyond 
the period of the same session. 

Compensation of Sec. 7. The senators and representatives shall re¬ 
ceive such compensation, as shall be established by 
law; but no law increasing their compensation shall take effect 
during the existence of the Legislature which enacted it. The 
Traveling ex- expenses of the House of Representatives in traveling 
to the Legislature and returning therefrom, once in 
each session and no more, shall be paid by the State out of the 
public treasury to every member, who shall seasonably attend, 
in the judgment of the house, and does not depart therefrom 
without leave. 

Members exempt Sec. 8. The senators and representatives shall, in 
all cases except treason, felony or breach of the 
peace, be privileged from arrest during their attendance at, going 
to, and returning from each session of the Legislature; and no 
Freedom of de- member shall be liable to answer for auything spoken 
in debate in either house, in any court or place else¬ 


where. 


CONSTITUTION OF MAINE. 


17 


Sec. 9 . Bills, orders or resolutions, may originate Either house 
in either house, and may be altered, amended or rejected ™ i ^ > onginate 
in the other ; but all bills for raising a revenue shall originate in the 
House of Representatives, but the Senate may propose Revenue bills, 
amendments as in other cases ; provided , that they shall Proviso, 
not, under color of amendment, introduce any new matter, which 
does not relate to raising a revenue. 

Sec. 10. No senator or representative shall, during the terra 
for which he shall have been elected, be appointed to Members not to 
any civil office of profit under this State, which shall certain offices, 
have been created, or the emoluments of which increased during 
such term except such offices as may be filled by elections by the 
people, provided , that this prohibition shall not extend Proviso, 
to the members of the first Legislature. 

Sec. 11. No member of Congress, nor person hold- Persons disquai- 

° r ifled to be mem- 

ing any office under the United States ( post-officers bers. 
excepted ) nor office of profit under this State, justices of the 
peace, notaries public, coroners and officers of the militia ex¬ 
cepted, shall have a seat in either house during his being such 
member of congress, or his continuing in such office. 

Sec. 12. Neither house shall, during the session, Adjournments, 
without the consent of the other, adjourn for more than two days, 
nor to any other place than that in which the houses shall be 
sitting. 

Sec. 13. The Legislature shall, from time to time, Special legisia- 
provide, as far as practicable, by general laws, for all Resolve of Feb. 
matters usually appertaining to special or private 24,18 ‘ 5 ’ 
legislation. 

Sec. 14. Corporations shall be formed under except for°mu- 
general laws, and shall not be created by special 
acts of the Legislature, except for municipal pur- under general 
poses, and in cases where the objects of the corpo- Resolve of Feb. 
ration cannot otherwise be attained; and, however 24 ’ 18 ' 5 ' 
formed, they shall forever be subject to the general laws of the 
State. 

Sec. 15. The Legislature shall, by a two-thirds constitutional 

_ i i .1 , conventions. 

concurrent vote oi both branches, have the power to Resolve of 
call constitutional conventions, for the purpose of See art. 10, sec. 2. 
amending this constitution. 


18 


CONSTITUTION OF MAINE. 


ARTICLE Y.— Part First. 

EXECUTIVE POWERS. 

Governor. Sec. I. The supreme executive power of this 

State shall be vested in a Governor. 

—elected for one Sec. 2 . The Governor shall be. elected by the 

year ‘ qualified electors, and shall hold his office one yea r 

from the first Wednesday of January in each year. 

Meetings for Sec. 3. The meetings for election of governor 

choice of gover¬ 
nor. shall be notified, held, and regulated, and votes 

shall be received, sorted, counted, declared and recorded, in the 

same manner as those for senators and representatives. They 

votes to be re- shall be sealed and returned into the Secretary’s office 

turned to secre- r 

tary of state. in the same manner, and at the same time as those tor 
senators. And the secretary of state for the time being shall, on 
ai? e x dment ’ ^ rst Wednesday of January, then next, lay the lists 

Resolve Mar. 24 , before the Senate and House of Representatives, and 
also the lists of votes of citizens in the military service 
returned into the secretary’s office, to be by them examined, and, 
in case of a choice by a majority of all the votes returned, they 
Provisions in shall declare and publish the same. But if no person 

case there is no . . *_ 

choice. shall have a majority of votes, the House of Repre¬ 

sentatives shall, by ballot, from the persons having the four highest 
numbers of votes on the lists, if so many there be, elect two 
persous and make return of their names to the Senate, of whom 
the Senate shall, by ballot, elect one, who shall be declared the 
Governor. 

Qualifications of Sec. 4. The Governor shall, at the commencement 
of his term, be not less than thirty years of age ; a natural 
born citizen of the United States, have been five years, or from 
the adoption of this Constitution, a resident of the State ; and at 
the time of his election and during the term for which he is 
elected, be a resident of said State. 

Disqualifications. Sec. 5. No person holding any office or place under 
the United States, this State, or any other power, shall exercise 
the office of Governor. 

Compensation. Sec. 6. The Governor shall at stated times, receive 
for his services a compensation, which shall not be increased or 
diminished during his continuance in office. 

commander-in- Sec. 7. He shall be commander-in-chief of the armv 

chief of the J 

militia. and navy of the State and of the militia, except .when 


CONSTITUTION OP MAINE. 


19 


called into the actual service of the United States; but he shall 
not march nor convey any of the citizens out of the Not to march the 

o . militia out of the 

State, without their consent or that of the Legislature, state, 
unless it shall become necessary, in order to march or transport 
them from one part of the State to another for the defence thereof. 
Sec. 8 . He shall nominate, and, with the advice with advice of 

.... . the council to 

and consent of the council, appoint all judicial officers, appoint officers, 
coroners, and notaries public ; and he shall also nominate, and 
with the advice and consent of the council, appoint all ar? e ix dm< Resoive 
other civil and military officers, whose appointment is ot ' Mar. 17 , 1855. 
not by this Constitution, or shall not by law be other- 24 , s i 875 ? f Feb ‘ 
wise provided for ; and every such nomination shall be made seven 
days, at least, prior to such appointment. 

Sec. 9. He shall from time to time give the Legis- To give informa- 

. . . tion and recom- 

lature information of the condition of the State, aud mend measures, 
recommend to their consideration such measures, as he may judge 
expedient. 

Sec. 10. He may require information from any May require in- 

. . formation of an 7 

military officer or any officer in the executive depart- officer, 
ment, upon any subject relating to the duties of their respective 
offices. 

Sec. 11. He shall have power, with the advice and Po^er of gover- 
consent of the council, to remit, after conviction, all remit penalties 0 , d 
forfeitures and penalties, and to grant reprieves, com- &c ' 
mutations and pardons, except in cases of impeachment, upon 
such conditions, and with such restrictions and limitations, as 
may be deemed proper, subject to such regulations as may be 
provided bylaw, relative to the manner of applying Resolve of Feb. 
for pardons. And he shall communicate to the Legis- 18 ‘ J ' 
lature at each session thereof, each case of reprieve, remission of 
penalty, commutation or pardon granted, stating the name of the 
convict, the crime of which he was convicted, the sentence and 
its date, the date of the reprieve, remission, commutation or 
pardon, and the conditions, if any, upon which the same was 
•gfanted. 

Sec. 12 . He shall take care that the laws be faith- To enforce the 
fully executed. 

Sec. 13. He may, on extraordinary occasions, con- Toconvenethe 

legislature on 

vene the Legislature ; and in case of disagreement extraordinary 

, , . J , .. c occasions and 

between the two houses with respect to the time or adjourn it in 

,. . , . 1 n case °f disagree- 

adjournment, adjourn them to such tune as he snail m ent. 
think proper, not beyond the day of the next annual meeting ; and 


20 


CONSTITUTION OF MAINE. 


May change the if, since the last adjournment, the place where the 

place of meet- . , 

ing. Legislature were next to convene snail have become 

dangerous from an enemy or contagious sickness, may direct the 
session to be held at some other convenient place within the State. 
Vacancy, how Sec. 14. Whenever the office of Governor shall 
become vacant by death, resignation, removal from 
office or otherwise, the president of the Senate shall exercise the 
office of Governor until another Governor shall be duly qualified; 
and in case of the death, resignation, removal from office or dis¬ 
qualification of the president of the Senate, so exercising the office 
of Governor, the speaker of the House of Representatives shall 
exercise the office, until a president of the Senate shall have been 
chosen ; and when the office of Governor, president of the Senate, 
and speaker of the House shall become vacant, in the recess of 
the Senate, the person, acting as Secretary of State for the time 
being, shall by proclamation convene the Senate, that a presi¬ 
dent may be chosen to exercise the office of Governor. And 
whenever either the president of the Senate or speaker of the 
House shall so exercise said office, he shall receive only the com¬ 
pensation of Governor, but his duties as president or speaker shall 
be suspended ; and the Senate or House shall fill the vacancy 
until his duties as Governor shall cease. 


ARTICLE V .— Part Second, 
council. 

Council to con- Sec. 1. There shall be a Council, to consist of seven 
sist of seven. p ersonS; citizens of the United States, and residents of 
this State, to advise the Governor in the executive part of 
government, whom the Governor shall have full power, at his 
discretion, to assemble ; and he with the Councillors, or a majority 
of them, may from time to time, hold and keep a council, for 
ordering and directing the affairs of State, according to law. 

Council, how Sec. 2. The Councillors shall be chosen annually, 
on the first Wednesday of January, by joint ballot of 
the senators and representatives in convention ; and vacancies, 
which shall afterwards happen, shall be filled in the same manner; 
but not more than one Councillor shall be elected from any dis- 
—privileged trict, prescribed for the election of senators ; and they 

from arrest. privileged from arrest in the same manner as 

senators and representatives. 


CONSTITUTION OF MAINE. 


21 


Sec. 3. The resolutions and advice of Council, shall Journal to be 
be recorded in a register, and signed by the members proceedings! 
agreeing thereto, which may be called for by either house of the 
Legislature; and any Councillor may enter his dissent to the reso¬ 
lution of the majority. 

Sec. 4. No member ol Congress, or of the Legisla- Persons dis- 
ture of this State, nor any person holding any office councillors, 
under the United States, (post officers excepted), nor any civil 
officers under this State (justices of the peace and notaries public 
excepted), shall be Councillors. And no Councillor Not to be ap- 

, .. . . . ' pointed to any 

snail be appointed to any office during the time for office, 
which he shall have been elected. 


ARTICLE Y .— Part Third. 


SECRETARY. 

Sec. 1 . The Secretary of State shall be chosen an- secretary, how 
nually at the first session of the Legislature, by joint ch0sen ‘ 
ballot of the senators and representatives in convention. 

Sec. 2. The records of the State shall be kept in —to keep the re- 
the office of the Secretary, who may appoint his depu- —may appoint ’ 
ties, for whose conduct he shall be accountable. 

Sec. 3. He shall attend the Governor and Council, To attend the 

, governor and 

Senate and House of Representatives, in person or by council, 
his deputies, as they shall respectively require. 

Sec. 4. He shall carefully keep and preserve the To preserve the 
records of all the official acts and proceedings of the executive and 
Governor and Council, Senate and House of Repre- partments. 
sentatives, and, when required, lay the same before either branch 
of the Legislature, and perform such other duties as are enjoined 
by this Constitution, or shall be required by law. 


ARTICLE Y .— Part Fourth. 

TREASURER. 

Sec. 1. The Treasurer shall be chosen annually, at Treasurer, how 
the first session of the Legislature, by joint ballot of forTve year 8 ble 
the senators and representatives in convention, but ®^ bSlvely 
shall not be eligible more than five years successively. 

Sec. 2. The Treasurer shall, before entering on the To give bonds, 
duties of his office, give bond to the State, with sureties, to the 


22 


CONSTITUTION OF MAINE. 


satisfaction of the Legislature, for the faithful discharge of his 
trust. 

Not to engage in Sec. 3. The treasurer shall not, during his con¬ 
tinuance in office, engage in any business of trade or 
commerce, or as a broker, nor as an agent or factor for any 
merchant or trader. 

No money to be Sec. 4. No money shall be drawn from the treasury, 
warTant. utby but by warrant from the Governor and Council, and in 
consequence of appropriations made by law ; and a regular state- 
Accountsofre- ment and account of the receipts and expenditures of 
ditures to be* all public money, shall be published at the commenee- 
pubhshed. men t 0 f the annual session of the Legislature. 


ARTICLE VI. 


JUDICIAL POWER. 

Supreme and Sec. 1. The judicial power of this State shall be 
o ercomts. ves t e q \ n a Supreme Judicial Court, and such other 
courts as the Legislature shall from time to time establish, 
compensation of Sec. 2 . The justices of the Supreme Judicial Court 
court. shall, at stated times receive a compensation, which 

shall not be diminished during their continuance in office, but they 
shall receive no other fee or reward. 

To give their Sec. 3. They shall be obliged to give their opinion 

opinion when re- . .. c . , 

quired by either upon important questions ot law, and upon solemn 
government. occasions, when required by the Governor, Council, 
Senate, or House of Representatives. 

Tenure of judi- Sec. 4. All judicial officers nowin office or who 

may be hereafter appointed shall, from and after the 
first day of March in the year eighteen hundred and forty, hold 
Amendment, their offices for the term of seven years from the time 
Resolve of Mar. of their respective appointments, ( unless sooner re¬ 
moved by impeachment or by address of both branches 
of the Legislature to the Executive ) and no longer unless re¬ 
appointed thereto. 

justices of the Sec. 5. Justices of the peace and notaries public, 

peace and nota- r * 

ries public. shall hold their offices during seven years, if they so 
long behave themselves well, at the expiration of which term, 
they may be re-appointed or others appointed, as the public 
interest may require. 


r 


CONSTITUTION OF MAINE. 23 

Sec. 6. The justices of the Supreme Judicial Court justices of the 
shall hold no office under the United States, nor any cXtToVoidno 1 
State, nor any other office under this State, except otheroffice - 
that of justice of the peace. 

Sec. 7. Judges and registers of probate shall be Judges and 
elected by the people of their respective counties, by bttefefected™* 
a plurality of the votes given in at the annual election, office 1 ?™™ ° f 
on the second Monday of September, and shall hold their offices 
for four years, commencing on the first day of January next after 
their election. Vacancies occurring in said offices by vacancies, how 
death, resignation or otherwise, shall be filled by fllled ' 
election in manner aforesaid, at the September election next after 
their occurrence ; and in the mean time, the Governor, Amendment, 
with the advice and consent of the Council, may fill Resole of Mar. 
said vacancies by appointment, and the persons so 1/,18o5 ‘ 
appointed shall hold their offices until the first day of January 
thereafter. 

Sec. 8. Judges of municipal and police courts shall Judges of muni- 
be appointed by the executive power, in the same man- courtsfappSt- 6 
ner as other judicial officers, and shall hold their offices meatof * 
for the term of four years ; provided however , that the present 
incumbents shall hold their offices for the term for Resolve of Feb. 
which they were elected. 24 ’ 1875 ‘ 

ARTICLE VII. 


MILITARY. 

Sec. 1 . The captains and subalterns of the militia officers,by 
shall be elected by the written votes of the members 
of their respective companies. The field officers of regiments by 
the written votes of the captains and subalterns of their respective 
regiments. The brigadier generals in like manner, by the field 
officers of their respective brigades. 

Sec. 2. The Legislature shall, by law, direct the Manner of con- 
manner of notifying the electors, conducting the tions. 
elections, and making returns to the Governor of the officers 
elected ; and, if the electors shall neglect or refuse to make such 
elections, after being duly notified according to law, the Governor 
shall appoint suitable persons to fill such offices. 

Sec. 3. The major generals shall be elected by the Major generals 
Senate and House of Representatives, each having a gene?ais?how 
negative on the other. The adjutant general and elU5ted * 


24 


CONSTITUTION OF MAINE. 


quartermaster general shall be chosen annually by joint ballot of 
the senators and representatives in convention. But the adjutant 
general shall perform the duties of quartermaster general, until 
otherwise directed by law. The major generals and brigadier 
staff officers, h°w generals, and the commanding officers of regiments 
Amendment, and battalions, shall appoint their respective staff 
o?Mar’. officers; and all military officers shall be commissioned 

by the Governor. 

Organization of Sec. 4. The militia, as divided into divisions, 
brigades, regiments, battalions and companies pur¬ 
suant to the laws now in force, shall remain so organized, 
until the same shall be altered by the Legislature, 
who may be Sec. 5. Persons of the denominations of quakers 
military duty, and shakers, justices of the Supreme Judicial Court 
and ministers of the gospel may be exempted from military duty, 
but no other person of the age of eighteen and under the age of 
forty-five years, excepting officers of the militia who have been 
honorably discharged, shall be so exempted, unless he shall pay 
an equivalent to be fixed by law. 

ARTICLE VIII. 

LITERATURE. 

Legislature to A general diffusion of the advantages of education 
support public being essential to the preservation of the rights and 
liberties of the people; to promote this important 
object, the Legislature are authorized, and it shall be their duty 
to require, the several towns to make suitable provision at their 
own expense, for the support and maintenance of public schools ; 
and it shall further be their duty to encourage and suitably endow, 
shall endowed- from time to time, as the circumstances of the people 

leges and acade- , . „ , . .. . . . 

mies. may authorize, all academies, colleges and seminaries 

of learning within the State ; provided, that no donation, grant or 
Proviso. endowment sjiall at any time be made by the Legis¬ 
lature to any literary institution now established, or which may 
hereafter be established, unless, at the time of making such 
endowment, the Legislature of the State shall have the right to 
grant any further powers to alter, limit or restrain any of the 
powers vested in, any such literary institution, as shall be judged 
necessary to promote the best interests thereof. 


CONSTITUTION OF MAINE. 


25 


ARTICLE IX. 

GENERAL PROVISIONS. 

Sec. 1. Every person elected or appointed to either oath and sub- 
of the places or offices provided in this Constitution, scuptlon3 - 
and every person elected, appointed, or commissioned to any 
judicial, executive, military or other office under this State, shall, 
before he enter on the discharge of the duties of his place or office, 

take and subscribe the following oath or affirmation : l( I-do 

swear, that I will support the Constitution of the United States, 
and of this State, so long as I shall continue a citizen thereof. So 
help me God.” 

“ I-do swear, that I will faithfully discharge, to the best 

of my abilities, the duties incumbent on me as-according to 

the Constitution and laws of the State. So help me God.” 
Provided , that an affirmation in the above forms may be substi¬ 
tuted, when the person shall be conscientiously scrupulous of 
taking and subscribing an oath. 

The oaths or affirmations shall be taken and sub- Before whom to 
scribed by the Governor and councillors before the betaken ’ 
presiding officer of the Seriate, in the presence of both houses of 
the Legislature, and by the senators and representatives before 
the Governor and Council, and by the residue of said officers, 
before such persons as shall be prescribed by the Legislature; 
and whenever the Governor or any councillor shall not be able to 
attend during the session of the Legislature to take and subscribe 
said oaths or affirmations, said oaths or affirmations may be taken 
and subscribed in the recess of the Legislature before any justice 
of the Supreme Judicial Court \ provided, that the Proviso, 
senators and representatives, first elected under this Constitution, 
shall take and subscribe such oaths or affirmations before the 
president of the convention. 

Sec. 2. No person holding the office of justice of offices that are 
the Supreme Judicial Court, or of any inferior court, vdth'each other, 
attorney general, county attorney, treasurer of the State, adjutant 
general, judge of probate, register of probate, register of deeds, 
sheriffs or their deputies, clerks of the judicial courts, shall be a 
member of the Legislature; and any person holding either of the 
foregoing offices, elected to, and accepting a seat in the congress 
of the United States, shall thereby vacate said office; and no 
4 





26 


CONSTITUTION OF MAINE. 


person shall be capable of holding or exercising at the same time 
within this State, more than one of the offices before mentioned. 
Commissions. Sec. 3. All commissions shall be in the name of the 
State, signed by the Governor, attested by the secretary or his 
deputy, and have the seal of the State thereto affixed. 

Elections on the Sec. 4. And in case the elections required by this 
of Jauuary^may Constitution on the first Wednesday of January annually, 
from d d°ay r today, by the two houses of the Legislature, shall not be com¬ 
pleted on that day, the same may be adjourned from day to day, 
until completed, in the following order; the vacancies in the 
Senate shall first be filled ; the Governor shall then be elected, if 
there be no choice by the people ; and afterwards the two houses 
shall elect the council. 

Every civil offi- Sec. 5. Every person holding any civil office under 
removed by im- this State, may be removed by impeachment, for mis- 
address. ent ° r demeanor in office; and every person holding any 
office, may be removed by the Governor, with the advice of the 
Council, on the address of both branches of the Legislature. But 
before such address shall pass either house, the causes of removal 
shall be stated and entered on the journal of the house in which it 
originated, and a copy thereof served on the person in office, that 
he may be admitted to a hearing in his defence. v 

Tenure of office. Sec. 6. The tenure of all offices, which are not or 
shall not be otherwise provided for, shall be during the pleasure 
of the Governor and Council. 

valuation. Sec. 7. While the public expenses shall be assessed 

on polls and estates, a general valuation shall be taken at least 


8. All taxes upon real and personal estate, 


once in ten years. 

Real and per- SEC. 

sonal estate to be 

taxed acceding assessed by authority of this State, shall be apportioned 

Resolve of Feb. 

24,1875. 


and assessed equally, according to the just value 
thereof. 

Sec. 9. The Legislature shall never, in any manner, 
suspend or surrender the power of taxation. 

Sec. 10. Sheriffs shall be elected by the people of 
their respective counties, by a plurality of the votes 
given in on the second Monday of September, and 
shall hold their offices for two years from the first day of January 
Amendment, next after their election. Vacancies shall be filled in 

art. ix. Resolve . » , , . . „ . . 

of Mar. 17 ,1855. the same manner as'is provided in the case ol judges 
and registers of probate. 


Resolve of Feb. 

24,1875. 

Taxation. 

Sheriffs, how 
elected, and ten¬ 
ure of office. 


CONSTITUTION OF MAINE. 


27 


Sec. 11. The attorney general shall be chosen Attorney general, 


how elected. 


how 


annually by joint ballot of the senators and repre¬ 
sentatives in the convention. Vacancy in said office, JS ncy 
occurring when the Legislature is not in session, may Amendment, 
be filled by the appointment of the Governor with o^Mar. lvsij 6 
the advice and consent of the Council. i 875 . ofFeb ' 24 ’ 

Sec. 12. But citizens of this State, absent there- citizens who may 
from in the military service of the United States or of vote for county 
this State, and not in the regular army of the United officer& - 
States, being otherwise qualified electors, shall be allowed to vote 
for judges and registers of probate, sheriffs, and all Amendment, 
other county officers on the Tuesday next after the Resolve of March 
first Mouday in November, in the year one thousand 24 > 1864 - 
eight hundred and sixty-four, and their votes shall be counted 
and allowed in the same manner and with the same effect as if 
given on the second Monday of September in that year. And 
they shall be allowed to vote for all such officers on the second 
Monday in September annually thereafter forever. And the votes 
shall be given at the same time and in the same manner, and the 
names of the several candidates shall be printed or written on 
the same ballots with those for Governor, senators and repre¬ 
sentatives, as provided in section four, article second of this 
Constitution. 

Sec. 13. The Legislature may enact laws excluding Bribery at eiec- 
from the right of suffrage, for a term not exceeding Resoive of Feb. 
ten years, all persons convicted of bribery at any 24 ’ 1875, 
election, or of voting at any election, under the influence of a 


bribe. 

Sec. 14. The credit of the State shall not be direct- Credit of state 

not to be loaned. 

ly or indirectly loaned in any case. The Legislature creation of state 
shall not create any debt or debts, liability or liabilities, debthmited - 
on behalf the State, which shall singly, or in the aggre- Amendment, 

..... „ . art. vi. Resolve 

gate, with previous debts and liabilities hereafter in- July 26,1847. 
curred at any one time, exceed three hundred thousand dollars, 
except to suppress insurrection, to repel invasion, or Exceptions, 
for purposes of war; but this amendment shall not be construed 
to refer to any money that has been, or may be deposited with 
this State by the government of the United States, or to any fund 
which the State shall hold in trust for any Indian tribe. 


28 


CONSTITUTION OF MAINE. 


state to issue Sec. 15. The State is authorized to issue bonds 
ment^munici- payable within twenty-one years, at a rate of interest 

pal war debt. , ,. . , , 

not exceeding six per cent, a year, payable semi¬ 
annually, which bonds or their proceeds shall be devoted solely 

Amendment, towards the reimbursement of the expenditures in¬ 
art. xi. Resolve . . . _ . 

of Mar. 7 , 1868 . currred by the cities, towns and plantations ot the 
State for war purposes during the rebellion, upon the foliow- 
Basis of payment ing basis ; Each city, town and plantation shall receive 
from the State one hundred dollars for every man furnished for the 
military service of the United States under and after the call of 
July second, eighteen hundred and sixty-two, and accepted by 
the United States towards its quota for the term of three years, 
and in the same proportion for every man so furnished and 
accepted for any shorter period ; and the same shall be in full 
payment for any claim upon the State on account of its war debts 
Commission to be by any such municipality. A commission appointed 
twmineMnount" by the Governor and Council shall determine the 
due cities, &c. amoun £ to w hich each city, town and plantation is 

entitled ; to be devoted to such reimbursement, the surplus, if 
any, to be appropriated to the soldiers who enlisted or were 
drafted and went at any time during the war, or if deceased, to 
$ 3 , 500,000 limit their legal representatives. The issue of bonds hereby 

authorized shall not exceed in the aggregate three 
million five hundred thousand dollars, and this amendment shall 
not be construed to permit the credit of the State to be directly 
or indirectly loaned in any other case or for any other purpose. 
4 , 000 inhab“tfnts Sec - 16 * The Legislature may by law authorize the 
dudSg is S iinds dividing °f towns having not less than four thousand 
“tovding m cbs i D ^ ia bitants, or having voters residing on any island 
tricts. within the limits thereof, into voting districts for the 

art. xn. Resolve election of representatives to the Legislature, and pre- 
0 f Mar. 15 ,1869. gcr j| )e t he manner j n which the votes shall be received, 
counted, and the result of the election declared. 


ARTICLE X. 

SCHEDULE. 

Laws now in Sec. 1. All laws now in force in this State, and not 

force continue 7 

until repealed, repugnant to this Constitution, shall remain, and be in 
force, until altered or repealed by the Legislature, or shall expire 
by their own limitation. 


CONSTITUTION OF MAINE. 


29 


Sec. 2 . The Legislature, whenever two-thirds of how to be amend- 
both houses shall deem it necessary, may propose ed - 
amendments to this Constitution; and when any 3 d%S’i 5 . part 
amendments shall be so agreed upon, a resolution shall be passed 
and sent to the selectmen of the several towns, and the assessors 
of the several plantations, empowering and directing them to 
notify the inhabitants of their respective towns and plantations, 
in the manner prescribed by law, at their next annual meetings in 
the month of September, to give in their votes on the question, 
whether such amendment shall be made ; and if it shall appear 
that a majority of the inhabitants voting on the question are in 
favor of such amendment, it shall become a part of this Consti¬ 
tution. 

Sec. 3. After the amendments proposed herewith Constitution shall 
shall have been submitted to popular vote, the chief chief TustS of 

1 1 S J c 

justice of the Supreme Judicial Court shall arrange 
the constitution, as amended, under appropriate titles, and in 
proper articles, parts and sections, omitting all sec- ^ ea ° 1 ™ 5 ° fFeb - 
tions, clauses and words not in force, and making no —shall be sub- 

... • . . 1 P mitted to the 

other changes in the provisions or language thereof, legislature, 
and shall submit the same to the Legislature at its next session. 
And the draft, and arrangement, when approved by the constitution 
Legislature, shall be enrolled on parchment and de- on^archment 161 
posited in the office of the Secretary of State; and copiesTound 
printed copies thereof shall be prefixed to the books Wlth laws * 
containing the laws of the State. And the constitution, with the 
amendments made thereto, in accordance with the —shall be the 

• • ... , supreme law of 

provisions thereof, shall be the supreme law of the the state. 
State. 

Sec. 4. Sections one, two and five, of article ten Secs. 1,2,5, 

.. .. . art. x, omitted. 

of the existing constitution, shall hereafter be omitted 
in any printed copies thereof prefixed to the laws of the State; 
but this shall not impair the validity of acts under those sections ; 
and section five shall remain in full force, as part of sec. 5 shall re- 
the constitution, according to the stipulations of said iKveof°Eeb. 
section, with the same effect as if contained in said 24 ’ 1875 ' 
printed copies. 




INDEX 


TO THE 

* / 

CONSTITUTION OF MAINE. 



Art. 

Sect. 

Page. 

Academies may be endowed by the Legislature. 

8 

- 

24 

Accused party in criminal proceedings, rights of. 

1 

6 

4 

not to be twice put in jeopardy of life or limb... 

1 

8 

5 

Amendments to the Constitution, how to be made. 

10 

2 

29 

Arrest, electors exempt from, on election days. 

2 

2 

7 

Arms, right to bear for common defence... 

1 

16 

6 

Attainder, bill of, not to be passed. 

1 

11 

5 

Attorney General, how elected. 

9 

11 

27 

Bail, allowed in all cases, unless capital. 

1 

10 

5 

Bribery at elections. 

9 

13 

27 

Citizens absent in the service of the United States, how to vote 
for county offices. 

9 

12 

27 

Colleges may be endowed by the Legislature. 

8 

- 

24 

Commissiojis, how signed, sealed and attested.. 

9 

3 

26 

Corporations, except municipal, to be formed under general laws, 
part 3d... 

4 

14 

17 

Constitution, how to be amended. 

10 

2 

29 

conventions, to amend, how called, part 3d. 

4 

15 

17 

Contracts, obligation of, not to be impaired. 

1 

11 

5 

Corporal punishment, under military laws restricted. 

1 

14 

5 

Council , how composed, part 2d. 

5 

1.2 

20 

their proceedings, part 2d. 

5 

3 

21 

members, not to be appointed to office, part 2d. 

5 

4 

21 

Counsel, right to be heard in civil and criminal cases. 

1 

6 

^4 

Courts, Supreme Judicial, judges compensation not to be re- 
duced during their term of office. 

6 

2 

22 

to give opinions, &c., on requisition of either branch of 
government... ... 

6 

3 

22 

tenure of their offices for seven years. 

6 

4 

22 

judges to hold no other office except justice of the peace, 

6 

6 

23 

exempt from military duty.■.. 

7 

5 

24 

Credit of the State not to be loaned. 

9 

14 

27 




























32 


INDEX. 


Art. 

Crimes, capital or infamous, to be prosecuted by indictment 

only, exception. . 1 

copies, rights of persons indicted in capital cases to 


demand. 1 

Criminal prosecutions, rights of the accused. 1 

Debt, State, limited. 9 


Sect. Page. 
7 5 

6 4 

6 4 

14 27 


Election of governor, senators and representatives, day of..... 

Elections to be by written ballot. 

Electors , qualifications of.. . 

exempt from military duty on days of election. 

Endowment not to be made by the State to literary institutions 

not subject to its control. 

Executive power, how vested, part 1st. 

Ex post facto laws not to be passed. 


2 4 

2 1 

2 1, 4 

2 2 

8 

5 1 

1 11 


7 

7 

7 

7 

24 

18 

5 


Governor, term of office, part 1st. 


18 


election of, part 1st. 

5 

3 

18 

qualifications of, part 1st... 

5 

4 

18 

disqualifications of, part 1st. 

5 

5 

18 

military and civil powers of, part 1st... . 

5 

7, 13 

18, 19 

to enforce the laws, part 1st... 

5 

12 

19 

vacancy, how supplied, part 1st. 

5 

14 

20 

his salary, part 1st. 

5 

6 

18 

power to pardon and remit penalties, part 1st. 

5 

11 

19 

power of appointment, <&c., part 1st. 

5 

8 

19 

Habeas Corpus, privilege of, not to be suspended, except in 




cases of rebellion or iovasion.. 

1 

10 

5 

Impeachment, sole power in the house of representatives, part 1st, 

4 

8 

13 

to be tried by the Senate, part 2d. 

4 

7 

15 

civil officers liable to, for misconduct. 

9 

5 

26 

Judicial power, how vested... 

6 

1 

22 

officers to hold commission for seven years. 

6 

4,8 

22, 23 

Judges of Probate, when to be elected. 

6 

7 

23 

Jury, in prosecutions for libel, to determine both law and fact, 

1 

4 

4 

trial by, provision for. 

1 

6, 7, 20 

4, 5,6 

Laws now in force, continue until repealed. 

10 

1 

28 

not to be suspended but by legislative authority. 

1 

13 

5 

Legislative power, how vested, part 1st. 

4 

1 

10 


Legislature to meet on first Wednesday of January, annnally, 

part 3d. 4 i 15 

elections, if not completed on that day may be ad¬ 
journed. 9 4 26 

acts of, to be signed by the governor, part 3d. 4 2 15 

proceedings, if not approved by him, part 3d. 4 2 15 

compensation of members, part 3d. 4 7 ig 






































INDEX. 


33 



Art. 

Sect. 

Page. 

Legislature, exemption from arrest, and freedom of debate, 



part 3d. 

4 

8 

16 

members of, not to be appointed to certain offices, 




part 3d... 

4 

10 

17 

certain public officers disqualified to be members, 




part 3d. 

4 

11 

17 

when to be convened, or adjourned, by the governor, 




part 1st. 

5 

13 

19 

to provide for election of military officers. 

7 

2 

23 

houses of, separate, to judge of the election of mem- 




bers respectively, part 3.. 

4 

3 

16 

power to make and enforce rules, part 3d. 

4 

4 

16 

may punish contempts, part 3. 

4 

6 

16 

power to originate bills, part 3. 

4 

9 

17 

not to suspend or surrender the power of taxation... 

9 

9 

26 

may adjourn not exceeding two days, part 3. 

4 

12 

17 

Libel, jury, on indictment, to determine the law and fact. 

1 

4 

4 

Literature , provision to encourage. 

8 

- 

24 

Military power, subordinate to civil. 

1 

17 

6 

Militia, adjutant general elected annually. 

7 

3 

23 

quartermaster general elected annually. 

7 

3 

24 

appointment, rank and duties of adjutant general. 

7 

3 

24 

brigadier generals, election of. 

7 

1,3 

23 

captains, how elected. 

7 

1 

23 

colonels, election, duty.,. 

7 

1,3 

23, 24 

lieutenant. • 

7 

1 

23 

exemptions by State law, absolute. 

7 

5 

24 

field officers.,. 

7 

1,3 

23 

lieutenant colonel,. 

7 

1 

23 

major generals, election, duty, powers. 

7 

3 

23 

majors of regiments or battalions, elections, &c. 

7 

1,3 

23 

organization of, by the governor pursuant to the laws 




now in force. 

7 

4 

24 

quakers and shakers exempted. 

7 

5 

24 

staff officers, appointment of. 

7 

S 

23 

subalterns, how elected. 

1 

1 

23 

ministers of the gospel exempt from military duty .... 

7 

5 

24 

Municipal Judges , how appointed. 

6 

8 

23 

Oaths required to be taken and subscribed by public officers.... 

9 

1 

25 

Offices, civil, certain, declared incompatible. 

9 

2 

25 

tenure, at pleasure of governor unless otherwise pro- 




vided... 

9 

6 

26 

Omission of sections’of the constitution, sections 1, 2 and 5 of 




Art. 10..... 

10 

4 

29 

* not to impair the validity of acts under the omitted 





10 

4 

29 


5 




































34 


INDEX. 


Pardon, governor’s power to grant, part 1st... 

Parties to actions, to be heard by themselves or their counsel.. 

People , power inherent in... 

right of, to assemble to consult for the common good, 

instruct their representatives, and petition. 

Police Judges , how appointed... 

Powers of the State government, how distributed. 

President of the Senate, when to act as governor, part 1st. 

Press, freedom of.. 

Property, private, not to be taken for public uses without com¬ 
pensation .. 

Punishment, excessive, prohibited. 

Quakers and Shakers exempted from military duty. 

Qualification of officers... 

Qualifications of electors. 

Religious freedom secured... 

tests prohibited. 

• Removal from office by governor, on address of both branches of 

the Legislature. 

Representatives, mode of apportionment, qualification, election, 

part 1st. 

mode of choosing in cities. 

house of, to choose its own officers, part 1st.... 
have the sole power of impeachment, 

part 1st . 

in case of death, &c., how vacancy to be 

filled, part 1st. 

Representative districts, how formed, part 1st... 

Rights, natural, declaration of.. .... 

enumeration of in article 1, not to exclude others not 
named.. 

Schools, public, legislature to provide for. 

Searches , unreasonable, prohibited. 

Secretary of State, how chosen, part 3d. 

to keep State records, part 3d. 

. may appoint deputies, part 3d. 

shall attend governor and council, part 3d.. 
shall preserve records of acts of governor 

and council, part 3d.. 

Senators, number, apportionment, election, part 2d. 

vacancies how supplied, part 2d. 

qualifications of, part 2d. 

Senate to try impeachments, and choose their own officers, 

part 2d. 

Shakers and Quakers exempt from military duty. 

Soldiers, restrictions on quartering... 


Art. Sect. Page. 

5 11 19 

1 20 6 

12 3 

1 15 6 

6 8 23 

3 1 10 

5 14 20 

14 4 

1 21 6 

19 5 

7 5 24 

9 1 25 

2 17 

13 3 

13 4 

9 5 26 

4 3, 4, 5 10, 11 

4 5 12 

4 7 13 

4 8 13 

4 6 13 

4 2 10 

1 1 3 

1 24 6 

8-24 

15 4 

5 1 21 

5 2 21 

5 2 21 

5 3 21 

5 4 21 

4 1, 2, 3 13, 14 

4 5 14 

*4 6 14 

4 7, 8 15 

7 5 24 

1 18 6 




































INDEX. 


Art. 


Soldiers in service of United States, and not in the regular 

army, allowed to vote. 2 

their votes, how received, sorted, counted and returned 

to the Secretary of State. 2 

Speaker of house of representatives, when to act as governor, 

part 1st. 5 

Speech, freedom of, maintained.1 

State, credit of the, not to be loaned. 9 

credit of, authorized for limited reimbursement of muni¬ 
cipal war expenditures. 9 

Style of legislative acts, “ Be it enacted,” Ac., part 1. 4 

Supervisors, for receiving and returning votes of soldiers; who 
to act as such; their powers and duties. 2 

Tax or duty, not to be imposed without the consent of the people 

or the legislature. 1 

Taxes on real and personal estate to be assessed according to its 

real value. 9 

Titles of nobility prohibited. 1 

Towns, apportionment of representatives among, part 1st. 4 

reimbursement of, by the State for municipal war debts, 9 
having four thousand inhabitants, may be divided into 

voting districts. 9 

Town clerks to record and return votes for representatives, 

part 1st. 4 

Treason, definition of, degrees of, and proof required. 1 

Treasurer of State, election, bond, part 4th. 5 

to make no payments except on warrants of 

governor, part 4th. 6 

not to engage in trade or act as broker, 

agent or factor, part 4th. 5 

to publish an annual account of receipts and 

payments, part 4. 5 

Truth, when it may be given in evidence in prosecutions for 
libels.*. 1 

Valuation, to be taken once in ten years, while estates and polls 

are taxed. 9 

Votes of soldiers, how taken and returned to office of Secretary 
of State. 2 

Warrants for searches and seizures, requisites of. 1 


35 

Sect. Page. 

4 7, 8, 9 

4 7, 8, 9 

14 20 

4 4 

14 27 

15 28 

1 10 

4 7, 8 

22 6 

8 26 

23 6 

3 10, 11 

15 28 

16 28 

5 11 

12 5 

1 , 2 21 

4 22 

3 22 

4 22 

4 4 

7 26 

4 7 

5 4 



























































' . 












■ 




' 


* * 


* 
























































... 

- 


' 








4 
















• • 




































' 










* 


































. 












'L 


































■ 





• 

















& 




CONSTITUTION 


OF THE 


STATE OF MAINE, 


FORMED IN 


Convention at Portland, October Twenty-Ninth, 


AND ADOPTED BY THE 


People ill Town Meetings, on the sixth of December, 1. D. 1819, 


AND OF TnE 
< 


INDEPENDENCE OF TIIE UNITED STATES THE FORTY-FOURTH, 


TOGETHER WITH 


AMENDMENTS SUBSEQUENTLY MADE THERETO, 


And arranged, as amended, in pursuance of a Resolve of the Legislature approved 
February Twenty-Fourth, A. D. 1875. 


AUGUSTA: 

SPRAGUE, OWEN & NASH, PRINTERS TO THE STATE. 

1 S 7 6 . 















































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